Do I Have to Go to Court for a Misdemeanor in California? Penal Code 977 and Appearing Through Your Lawyer
The short answer: in most California misdemeanor cases, no. Penal Code section 977, subdivision (a), lets a defendant charged with a misdemeanor appear through a privately retained attorney for the arraignment, pretrial conferences, motions, and even the plea, without ever walking into the courthouse. The important exceptions are domestic violence misdemeanors, where you must be present for arraignment and sentencing, DUI cases, where the judge can order you to appear, and any case in which the judge specifically orders your presence. Felonies are different: Penal Code section 977, subdivision (b), requires you to be present at arraignment, the plea, the preliminary hearing, trial, and sentencing unless you sign a written waiver for other hearings. This guide explains how the rule works in practice at courthouses from Barstow to Long Beach, what a lawyer can and cannot do for you, and how to avoid the bench warrant that follows a missed date.
What Penal Code 977 Says About Misdemeanors
The general rule. Penal Code section 977, subdivision (a)(1), provides that in a misdemeanor case the defendant may appear by counsel only, which means an attorney who has been retained or appointed can stand in the courtroom in your place at the arraignment under Penal Code section 988, at every pretrial conference, at motion hearings, and at most other proceedings. The attorney enters the plea, receives the discovery under Penal Code section 1054.1, negotiates with the prosecutor, and sets the next date. For a client who works during court hours, lives out of state, or faces a two-hour drive from Barstow or Twentynine Palms to the courthouse, this is the single most practical reason to hire private counsel. See Do I Need a Lawyer for a Misdemeanor in California?.
Trial is the exception. A misdemeanor jury trial still requires your presence, and Penal Code section 1043 governs what happens if a defendant fails to appear for trial. Judges will also require you to be present for any hearing where you are being advised of rights that must be waived personally, such as a plea to a charge with immigration or probation consequences the judge wants to confirm you understand. The rule is a privilege that the court controls, not a guarantee, and the judge can order you to appear for any good reason.
Public defender clients usually must appear. The appearance-by-counsel rule works smoothly with private counsel because the lawyer has already met with you, confirmed the plea, and can sign on your behalf. If you are applying for a public defender, most courts require you to appear in person at arraignment so the court can take your financial information and make the appointment. Our article Public Defender vs. Private Attorney in California explains the trade-offs.
The Exceptions: Domestic Violence, DUI, and Court Orders
Domestic violence misdemeanors. Penal Code section 977, subdivision (a)(2), generally requires a defendant charged with a misdemeanor involving domestic violence to be personally present at arraignment and plea and at sentencing, and the court may require your presence at other hearings so that a protective order under Penal Code section 136.2 can be issued and served on you in open court on form CR-160. A lawyer can still handle the pretrial conferences, but plan to attend the first and last hearings yourself. We walk through those appearances in Domestic Violence Charges in Oxnard or Ventura? What to Expect at the Ventura County Hall of Justice and Domestic Battery Under Penal Code 243(e)(1).
DUI misdemeanors. Penal Code section 977, subdivision (a)(3), allows the court in a misdemeanor DUI case under Vehicle Code section 23152 or Vehicle Code section 23153 to order the defendant to be present for arraignment, the plea, and sentencing, and many judges do exactly that, especially for sentencing where the judge wants to advise you personally of the consequences of a future DUI causing death. Some courthouses allow a DUI plea through counsel with a signed plea form; others do not. Your lawyer should know the practice in the department handling your case. See Do I Need a Lawyer for a First DUI in California?.
When the judge orders you to appear. Any judge can order personal appearance for a specific reason: to address a probation violation, to take a plea the judge wants to confirm in person, to remand you into custody, or because you missed a prior date. An order to appear overrides the general rule, and failing to comply results in a bench warrant. If you were released on your own recognizance, your release agreement likely also requires you to appear personally whenever ordered, and a violation can be charged separately under Penal Code section 1320.
Felonies: When You Must Be There Under Penal Code 977(b)
The mandatory appearances. Penal Code section 977, subdivision (b)(1), requires a felony defendant to be personally present at arraignment, at the time of plea, at the preliminary hearing under Penal Code section 872, at the portions of trial when evidence is taken, and at sentencing. These are the hearings where your constitutional rights are directly at stake, and the court cannot proceed without you. Our guides What Actually Happens at a Preliminary Hearing in California and Felony Arraignment at the Clara Shortridge Foltz Criminal Justice Center explain those hearings.
The written 977(b) waiver. For other felony proceedings, such as pretrial conferences, discovery hearings, and scheduling dates, you can execute a written waiver under Penal Code section 977, subdivision (b)(2), that allows your attorney to appear without you. The waiver is a short form, signed by you and your lawyer and filed with the court, in which you acknowledge your right to be present and agree that the case may proceed in your absence at those hearings. Most judges accept it; some require your presence at specific dates regardless, and the waiver can be revoked by the court at any time.
Why felony defendants should still attend when possible. Even with a waiver on file, there are strategic reasons to appear: a judge deciding bail or release conditions under In re Humphrey (2021) 11 Cal.5th 135 is influenced by seeing a defendant who shows up on time and dressed appropriately, and a prosecutor evaluating a reduction under Penal Code section 17, subdivision (b), notices the same thing. See How to Reduce a Felony to a Misdemeanor Under Penal Code 17(b).
Remote and Video Appearances
What state law currently allows. California law has authorized remote appearances in many criminal proceedings since the pandemic, currently under Penal Code section 977.3, which permits a defendant to appear by remote technology with the court's permission and the defendant's consent for most pretrial proceedings, with limits for trial, preliminary hearings, and certain pleas and sentencings. The statute has been extended more than once and carries a sunset date, and each county's rules differ, so confirm the current procedure on the court's website before assuming you can appear from home. Riverside County, San Bernardino County, and Los Angeles County each maintain their own remote appearance pages.
How remote appearances work in practice. When a remote appearance is allowed, the court typically requires a request in advance, a working camera, a private location, and your attorney's participation. Judges will not take a plea or impose a sentence remotely in many departments, and connectivity problems are treated as a failure to appear in some courtrooms. For a defendant in Barstow or Needles facing a date at the San Bernardino Justice Center, or a client in Lancaster facing a date at Long Beach, remote appearance and counsel-only appearance are often combined so that you never travel until trial or sentencing.
What Happens If You Do Not Show Up
The bench warrant. If you were required to appear and did not, the judge issues a bench warrant under Penal Code section 978.5, revokes any bail or release, and may add a separate charge for failing to appear under Penal Code section 853.7 for a cited misdemeanor or Penal Code section 1320 for a release on your own recognizance. The warrant stays active indefinitely and surfaces at every traffic stop and background check. Read What Happens If You Miss Court in California? and How to Clear a Bench Warrant at the Victorville Courthouse.
Trial in your absence. In a misdemeanor case, Penal Code section 1043, subdivision (e), allows the court to proceed with trial in your absence if you were informed of your right to be present and warned that trial could proceed without you, so a missed trial date can mean a conviction you never saw coming. In a felony case the court generally cannot try you in absentia unless you voluntarily absent yourself after trial has begun. Either way, the fix for a missed date is the same: have your attorney calendar the case for a warrant recall as quickly as possible, before a traffic stop turns the warrant into an arrest.
The lawyer's appearance does not cover an order to appear. The most common mistake we see is a defendant who assumes that because the lawyer appeared last time, the lawyer can appear every time. If the minute order from the last hearing says you were ordered to appear personally, your lawyer's appearance alone will not prevent a warrant. Always ask your attorney after each hearing whether the next date requires you, and get the answer in writing.
Practical Reasons to Appear Even When You Do Not Have To
The judge and prosecutor notice. Judges in busy misdemeanor departments at the Riverside Hall of Justice, the San Bernardino Justice Center, Van Nuys, and the Central Justice Center in Santa Ana see hundreds of cases a week, and a defendant who appears for a key hearing, such as a diversion request under Penal Code section 1001.95 or a sentencing argument, reads as someone who takes the case seriously. See Misdemeanor Diversion Under Penal Code 1001.95 for how those requests are argued.
Pleas and advisements. When you resolve a misdemeanor through counsel, you will sign a plea form such as the Judicial Council's CR-101 or a local equivalent that lists the rights you are giving up and the consequences you are accepting, including the immigration advisement required by Penal Code section 1016.5. Read every line before signing, because a plea entered through counsel on a signed form is just as binding as one entered in open court, and withdrawing it later under Penal Code section 1018 is difficult. Our guides Should You Take a Plea Deal in California? and How to Withdraw a Guilty Plea Under Penal Code 1018 explain the stakes.
Out-of-state and long-distance defendants. A visitor cited in Palm Springs, a trucker arrested on Interstate 15 near Barstow, or a Marine stationed at Twentynine Palms can usually resolve a misdemeanor entirely through counsel, including a plea or a diversion program completed remotely, without returning to California. The same is true for a Victorville resident with a case in Long Beach. Our Barstow criminal defense page and our guide Arrested in Barstow? What to Expect at the Barstow Courthouse describe how we handle High Desert cases for clients who live far away.
Infractions and Traffic Tickets
Different rules apply. For an infraction such as a speeding ticket, you can usually pay the fine, request a trial by written declaration under Vehicle Code section 40902, or appear through counsel, and Vehicle Code section 40513 governs the citation itself. A misdemeanor traffic offense such as driving on a suspended license under Vehicle Code section 14601 or reckless driving under Vehicle Code section 23103 follows the Penal Code section 977 rules described above, not the infraction rules. See Driving on a Suspended License Under Vehicle Code 14601.
Frequently Asked Questions
Can my lawyer go to court for me on a misdemeanor in California?
Yes, in most cases. Penal Code section 977, subdivision (a), allows a misdemeanor defendant to appear through counsel at arraignment, pretrial conferences, and most other hearings, and many cases are resolved without the client ever appearing. The exceptions are domestic violence misdemeanors, DUI cases where the judge orders your presence, trial, and any hearing at which the court specifically orders you to appear.
Do I have to go to court for a first DUI in California?
Possibly. Penal Code section 977, subdivision (a)(3), lets the judge order a misdemeanor DUI defendant to appear personally for arraignment, plea, and sentencing, and practices vary by courthouse and by judge. Your attorney can usually handle the pretrial dates and should tell you in advance which hearings require you.
Can I appear by video for a criminal case in California?
Often, for pretrial hearings. Penal Code section 977.3 currently authorizes remote appearances in many criminal proceedings with the court's permission and the defendant's consent, but trials, preliminary hearings, and many pleas and sentencings must be in person, and the statute and local rules change. Check the court's current remote appearance page and confirm with your attorney before relying on it.
What happens if my lawyer appears but the judge ordered me to be there?
The judge can issue a bench warrant. An order to appear personally overrides the general rule, and a lawyer's appearance does not satisfy it. If the warrant issues, your attorney should calendar a recall motion immediately; the longer the warrant sits, the more likely it is served at a traffic stop. See What Happens If You Miss Court in California?.
Do I have to be in court for a felony pretrial conference?
Not if a written waiver is on file. Penal Code section 977, subdivision (b)(2), allows a felony defendant to sign a written waiver permitting counsel to appear alone at hearings other than arraignment, plea, preliminary hearing, trial, and sentencing. Judges can still require your presence for specific dates, so always confirm before skipping a hearing.
Can I plead guilty to a misdemeanor without going to court?
Usually, through a signed plea form. Many courts accept a misdemeanor plea entered through counsel on a written plea form that you sign after reviewing the rights, consequences, and the immigration advisement under Penal Code section 1016.5, although some judges and some charges require a personal appearance. A plea entered this way is fully binding, so review the offer with your lawyer first; Daniel Gramling, Esq. handles these cases on flat-fee and limited-scope arrangements.
Gramling Law Group appears for clients at the Barstow and Victorville courthouses, the San Bernardino Justice Center, the Rancho Cucamonga courthouse, the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Larson Justice Center in Indio, the Clara Shortridge Foltz Criminal Justice Center, Van Nuys, and Long Beach courthouses in Los Angeles County, and the Central Justice Center in Santa Ana, serving the Inland Empire, Los Angeles County, Orange County, Ventura County, and all of Southern California except San Diego. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before you start. Call (909) 654-4575 or contact us through this website for a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Related Guides From Gramling Law Group
Learn more about our criminal defense practice serving the Inland Empire, Los Angeles County, and Southern California.
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Serving the Inland Empire, Los Angeles County, Orange County, and all of Southern California except San Diego in family law and criminal defense.
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